Reclaiming bank charges from Barclays

BMSrachael

I sent my original claim letter to Barclays about a month ago now. Despite the "you are obliged to reply to this in 14 days" statement they never have. Can I go straight ahead to the ombudsman now or am I obliged to wait for them to reply? I don't really know how I'd chase them up about it, I live in a different county to the branch I opened the account with and you can't ring the branch now, only the generic number.

dunstonh

Despite the "you are obliged to reply to this in 14 days" statement they never have.

What 14 day period are you referring to?

Can I go straight ahead to the ombudsman now or am I obliged to wait for them to reply?

No. You should contact them to see if they have your complaint. Maybe they didnt get your complaint. Or maybe they got the complaint, acknowledged it and you didnt get that letter.

What is your reason for complaint? Why do you think the FOS will take on your complaint (they no longer look at "unfair" bank charge complaints)

BMSrachael

I'm following the steps set out here:

http://www.moneysavingexpert.com/reclaim/bank-charges

dunstonh

BMSrachael wrote: »

I'm following the steps set out here:

http://www.moneysavingexpert.com/reclaim/bank-charges

So, what is your complaint going to be knowing that you cannot use "unfair" or "unjustifiable" bank charges (or any similar wording) as your basis for complaint?

If you have another reason then you should use it. Read the FOS information.

http://www.financial-ombudsman.org.uk/faq/bank-charges.html

So we have considered the Supreme Court's decision – and its implications – very carefully. Our view is that the legal ruling means we will not generally be able to help with cases that involve "template" or "standard letter" complaints about unauthorised overdraft charges.

BMSrachael

My complaint was unfair charging, which perpetuated a cycle of debt and financial hardship. Though what I've read there seems to contradict what I read here (http://www.moneysavingexpert.com/reclaim/bank-charges). So am I wasting my time then?

dunstonh

BMSrachael wrote: »

My complaint was unfair charging, which perpetuated a cycle of debt and financial hardship. Though what I've read there seems to contradict what I read here (http://www.moneysavingexpert.com/reclaim/bank-charges). So am I wasting my time then?

Currently, the FOS will expect banks to look carefully at bank charge complaints where the financial hardship criteria is met. So, if you are in financial hardship currently, then send your letter to the complaints dept making it clear that you are asking for a refund on the basis of financial hardship and a spiral of charges you cannot get out of.

The bank will look at it but the FOS have no powers to force the bank to make a refund. They can only encourage the bank. Typically, the banks are looking at charges over the last 6 months at this time in these cases.

The MSE article encourages a hit and hope approach but the problem is that since the court case, it has only been goodwill refunds (e.g. 1st time getting charged) or financial hardship cases that have been getting refunds.

Spidersnake

I'm going to be looking at how to claim back my bank charges with Barclays since 2008 - I have already informed them that I intend to do this. Since then, my wife & I have been on benefits which makes bank charges illegal according to the CAB. Long & short, the law states how much the minimum amount of money is required to live on, bank charges take you below the amount stated by law & therefore it is illegal to charge people on benefits.
I am just starting my claim so I will keep you all posted on how its going.
p.s. we have suffered times of such financial hardship we have had to get family to look after our young children at times, have recieved food parcels from a well known charity & had to ask friends if we could cook the food at their house because we have not had electric or gas at home.

dunstonh

Since then, my wife & I have been on benefits which makes bank charges illegal according to the CAB.

That is not correct. It is a common misconception from internet rumours based on incorrect interpretation of the rules.

Long & short, the law states how much the minimum amount of money is required to live on, bank charges take you below the amount stated by law & therefore it is illegal to charge people on benefits.

section 187 of the Social Security Administration Act 1992 does not say that.

Spidersnake

Question for dunstonh, I notice you say what is wrong with the posts but you do not say what is right or offer any advice on how to proceed. My question is, as you seem to shoot all our ideas down are you in bed with the banks?

I apologise that there is no more pleasant way of asking that, I just want to know where you stand.

dunstonh

are you in bed with the banks?

Bit of a silly question to ask an independent.

I notice you say what is wrong with the posts but you do not say what is right or offer any advice on how to proceed.

For most people there is no way to proceed. Unless you are a first time offender or currently meet hardship criteria then you are totally reliant on the goodwill of the bank. If they say no then its end of the road.

meer53

Spidersnake wrote: »

Question for dunstonh, I notice you say what is wrong with the posts but you do not say what is right or offer any advice on how to proceed. My question is, as you seem to shoot all our ideas down are you in bed with the banks?

I apologise that there is no more pleasant way of asking that, I just want to know where you stand.

Dunstonh has just pointed out that some of your claims are incorrect, it doesn't really matter where they stand does it ? It won't make any difference to what you're trying to claim back. I wouldn't hold your breath for a refund.

If you are in financial hardship now, they may look at your claim, but there is no way that you will get charges back from 2008 onwards. Before you claim financial hardship, take a look at what goes through your account, because the bank will go through this with a fine toothcomb to determine whether you really are in this situation.